In the case of Chesapeake & Ohio Railway Company v. Kelly, 1915, the U.S. Supreme Court ruled in favor of the railway company after it was sued by Mrs. Kelly for negligence leading to her husband's death while he was working on a train car that derailed due to an alleged faulty switch track. The court found that there wasn't enough evidence presented by Mrs.Kelly to prove negligence on part of the railway company and therefore could not hold them liable for Mr.Kelly’s death under Federal Employers' Liability Act (FELA). The court held that FELA did not make employers absolutely liable for work-related injuries or deaths but only if they were negligent, which had not been sufficiently proven in this case.

In the dissenting opinion for Chesapeake & Ohio Railway Company v. Kelly, the justice argued that the majority's decision was inconsistent with previous rulings and principles of law. The justice contended that there was no negligence on part of the railway company as it had fulfilled its duty to provide a safe workplace by providing safety appliances and instructions for their use. He further stated that any accident resulting from misuse or non-use of these devices could not be attributed to negligence on part of the employer but rather should be considered contributory negligence by employee himself which would bar him from recovery under common law rules. Additionally, he disagreed with majority’s interpretation of Federal Employers’ Liability Act (FELA), arguing it did not intend to abolish common-law defenses such as assumption of risk or contributory negligence in all cases but only in those where employer’s violation directly caused injury. Therefore, he believed plaintiff failed to establish a case under FELA due lack proof showing direct causation between defendant's alleged violations and decedent's death.